What should I do if I suspect an invalid will?
If you suspect that a will is invalid in West Virginia, it is important to seek the advice of an experienced estate planning attorney. An attorney can review the document and advise you on your options. The validity of a will is determined by the laws of the state in which it was executed. Generally, for a will to be valid, it must be in writing, signed by the person making the will (testator), and witnessed by two people. In West Virginia, the testator must be of sound mind and free from undue influence when signing the will, and the two witnesses must also be present when the will is signed and sign it in the presence of the testator. If any of these requirements are not met, the will may be found to be invalid. If the will does not meet the legal criteria, then the estate will be distributed according to the laws of intestacy, which determine how the estate is divided in the absence of a valid will. It is important to act quickly if you suspect that an invalid will has been created. If an invalid will is challenged in court, it is possible that the challenge may fail and the will may be found to be legally valid. Your experienced estate planning attorney can advise you on the best course of action, depending on your particular circumstances.
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